“Constitution: The Guarantee of a Free and Prosperous Life!” The Constitution of New Uzbekistan: Creation, Adoption, and Implementation

“Constitution: The Guarantee of a Free and Prosperous Life!”

The Constitution of New Uzbekistan:

Creation, Adoption, and Implementation

This year, Uzbekistan is widely celebrating the Day of the Constitution of the Republic of Uzbekistan under the main idea "The Constitution is the guarantee of a free and prosperous life!". Systematic organizational, practical, spiritual-cultural, educational, and legal measures have been launched in this direction, based on the Program approved by the order of President Shavkat Mirziyoyev "On the preparation and celebration of the Day of the Constitution of the Republic of Uzbekistan" dated October 17, 2024.

The new Constitution plays an invaluable role in strengthening the results of the large-scale, comprehensive, and rapid reforms that are consistently being carried out in various spheres of life in New Uzbekistan. The words of President Shavkat Mirziyoyev, "The new edition of the Constitution has opened up new paths for us to build a legal and just state based on the principles of human rights, democracy, freedom, stability, equality, and development," contain great truths. A clear confirmation of this is that the Constitution clearly defines the legal ideology of the development of the state and society, the constitutional values and principles on which the people rely on the path to building New Uzbekistan.

Life Factors Resulting in the Constitutional Reform in New Uzbekistan

Three comprehensive development strategies adopted in recent years at the initiative of the President have significantly influenced the constitutional reform:

Firstly, within the framework of the "Strategy of Actions in Five Priority Directions for the Development of the Republic of Uzbekistan in 2017-2021," the norms of the Constitution of the Republic of Uzbekistan were improved.

Secondly, consistent constitutional reform has been carried out based on the "Strategy for the Development of New Uzbekistan for 2022-2026."

Thirdly, effective measures are being taken to ensure the direct implementation of the updated Basic Law in the implementation of the "Uzbekistan-2030" Strategy.

The Constitution serves as a solid legal foundation and the primary legal guarantee for the large-scale democratic reforms that have been consistently and gradually implemented in all spheres of socioeconomic, political, legal, and spiritual-cultural life during the years of independence. It holds paramount importance in any democratic society striving for a rule-of-law state.

Consequently, the Constitution is one of humanity's most significant achievements in the legal regulation and organization of social relations. It cannot exist in isolation from society and should not be considered a collection of rigid provisions. Instead, the Constitution is a dynamic, constantly evolving document that reflects the vitality and changes of the times. In this sense, the Strategy of Actions has served as the basis for the new constitutional image of New Uzbekistan.

During the presidential elections in Uzbekistan in 2021, an important proposal, arising from vital necessity and a logical continuation of the democratic reforms in the country, was put forward. This is the implementation of constitutional reform.

On November 6, 2021, in his speech at the inauguration ceremony at a joint session of the chambers of the Oliy Majlis (Parliament), President Shavkat Mirziyoyev defined the Strategy for the Development of New Uzbekistan as the theoretical basis for constitutional reform. A separate section is devoted to constitutional reform in his book "Strategy for the Development of New Uzbekistan."

A separate paragraph of the book, published in 2022, is titled "Constitutional Reforms - an Objective Necessity on the Path to Building New Uzbekistan." It reflects important proposals and initiatives put forward during pre-election meetings with the people, insights into the current development and plans for the future.

In this regard, President Shavkat Mirziyoyev is undoubtedly the main ideological inspirer of constitutional reform in Uzbekistan. The main initiators of the constitutional reform are the broad masses of our country's population.

The existence of a perfect Constitution that meets the criteria of rapidly changing times, requiring appropriate actions and changes, corresponds to the national state traditions and interests of the people. The practice of development of the countries of the world also testifies to the need for consistent and continuous improvement of constitutional legislation.

In a rule-of-law state, there should be no gap between the Constitution and the development of society. According to the requirements of the Strategy for the Development of New Uzbekistan, it is necessary to enshrine in national legislation and legal practice the principle of "man - society - state."

From this point of view, constitutional reform has become one of the requirements of the Strategy for the Development of a New Uzbekistan. Accordingly, the improvement of the Basic Law - the Constitution of the Republic of Uzbekistan acquires relevance in the implementation of the Strategy for the Development of a New Uzbekistan for 2022-2026, developed according to the principle ‘From the Strategy of Action to the Strategy of Development’.

Bringing the Constitution of the Republic of Uzbekistan in line with today's realities has become a requirement of intensive and consistent reforms in the country. Large-scale tasks within the framework of the Strategy for the Development of New Uzbekistan, particularly such great goals as building a just and people's state, more effectively ensuring the rights, interests, and dignity of a person, have necessitated further improvement of the constitutional space, providing the necessary legal basis.

The Constitutional Commission: activities and main outcomes

At a joint meeting of the Councils of both Chambers of Uzbek Parliament held on 20 May 2022, the Constitutional Commission for the introduction of amendments and additions to the Constitution and the implementation of organizational measures was established. Its composition and tasks were defined, and it was instructed to accept proposals from all sectors of the population for amendments and additions to the Constitution.

The Commission was composed of MPs, representatives of all regions of Uzbekistan, civil society institutions, lawyers, political scientists and experts. The Constitutional Commission's work was based on the idea of ‘society - as the initiator of reforms’.

The President of Uzbekistan clearly defined three stages of the Constitutional Commission's activities. Based on this, the Constitutional Commission consistently carried out activities within the following stages:

Firstly, organizing the reception, summarization, and analysis of proposals for amending the Constitution;

Secondly, considering with the participation of the general public and conducting a nationwide discussion of the updated draft of the Constitution developed by the Constitutional Commission;

Thirdly, adopting, through a referendum, a draft law on amendments to the Constitution, revised based on the results of the nationwide discussion.

The Head of Uzbekistan noted: ‘If we carry out constitutional reform based on the opinion and support of our citizens through a referendum, it will be a full expression of the will of our people - a truly people's Constitution.’

On this basis, the Constitutional Commission managed all organisational and legal arrangements for constitutional reform until the referendum to be held on 30 April 2023.

Implementation of the President's Proposals and Initiatives in the

New Constitution

At the meeting of the President of Uzbekistan with the members of the Constitutional Commission on 20 June 2022, the Head of Uzbekistan presented concrete proposals for the introduction of constitutional enshrining of the value of the human being in nine main areas of the Constitution. All these important proposals and initiatives were reflected in the new version of the Constitution.

In particular, the President initiated the idea that a person should not be a means to an end for the state and society but the main content and source of this goal and the highest value. As a result, enhancing human dignity has become a constitutional duty and a priority task of state authorities.

The idea that ‘Uzbekistan is a social State’ is enshrined in the Basic Law. Consequently, a social State is a model that pursues an effective policy aimed at reducing social disparities and providing assistance to those in need.

The Constitution firmly enshrines the idea that Uzbekistan is a State governed by the rule of law. The rule of law is an idea and a great discovery of progress, shaped by the thorough labour of humankind over millennia.

In the new Constitution, the phrase "civil society institutions" has been introduced for the first time. Among these institutions, mahalla (local community) and mass media are noted.

The Constitution states that "Uzbekistan is a secular state." A secular state is one whose administration is regulated by the Constitution and legislative acts.

Nationwide Discussions of the Draft Constitution

The factions of political parties in the Legislative Chamber of the Oliy Majlis comprehensively discussed the draft Constitution in its new version. Citizens, representatives of the general public, especially young people, actively participated with their proposals and comments. A sociological survey showed that 88 percent of respondents were aware of the proposals to amend the Constitution.

The Constitutional Commission carried out large-scale work to improve the Basic Law. Specialists from research institutions, relevant ministries and departments, and experts were widely involved, and the constitutional experience of developed countries was studied in depth.

The draft constitutional law on amendments and additions to the Constitution was submitted for public discussion. Due to increased citizen participation, the term of public discussion was extended several times.

During the public discussion, about 20,000 events were organized across ministries, departments, organizations, districts, and cities, with the participation of deputies, senators, political parties, and local Kengashes. Numerous materials were published through mass media to inform the public about the changes being made.

Three international public hearings were held on the draft constitutional law, focusing on:

• Women's rights in Constitutions.
• Rights of the child in Constitutions.
• Rights of persons with disabilities in Constitutions.

At the international public hearings, it was noted that Uzbekistan has created political, social, economic, and legal conditions that allow for the effective protection of fundamental rights. The importance of studying exemplary foreign and international experience was emphasized.

In accordance with the Law “On appeals of individuals and legal entities,” proposals submitted to the draft were considered. Discussions with work collectives, universities, mahalla activists, and representatives of the intelligentsia yielded about 10,000 additional proposals. International legal acts and the experience of 193 states were also studied.

In total, 222,715 proposals were received for new Constitution. Both individual and collective proposals from citizens were considered.

This extensive input indicates that the interests of all segments of society have been taken into account, and the Basic Law is truly becoming a people's Constitution. The number of articles in the draft increased from 128 to 155, and the number of norms from 275 to 434—an increase of almost 65 percent—updated based on the proposals of the people.

The draft underwent seven types of theoretical and practical, scientific, and legal expertise. Scientific institutions and educational organizations were particularly active in making proposals. The United Nations and its relevant structures cooperated actively in the constitutional reform process.

Representatives of the international community noted that Uzbekistan has accumulated unique experience in creating its own model of constitutional reform. The constitutional reform was highly appreciated, and Uzbekistan's position was fully supported.

Millions of compatriots took an active part in the nationwide discussions, from the initial discussion to adoption. As the President of Uzbekistan noted, “We have every reason to assert that the true author of our updated Constitution is our people. Most importantly, we will never deviate from the path of our reforms; we will only move forward based on the new system of ‘man - society – state’”.

Organization of the Referendum on the Draft Constitution

At a meeting of the Legislative Chamber of the Oliy Majlis on March 9-10, 2023, a resolution was adopted “On holding a referendum of the Republic of Uzbekistan on the draft Constitutional Law of the Republic of Uzbekistan ‘On the Constitution of the Republic of Uzbekistan”.” The date of the referendum was set for April 30, 2023.

MPs supported obtaining an opinion from the Constitutional Court on holding a referendum. On March 13, 2023, the Constitutional Court adopted a resolution determining the conformity of this decision with the Constitution, finding no circumstances preventing the draft constitutional law from being put to a referendum.

The draft was then considered in the Senate on March 14, 2023. It was noted that constitutional reform is integral to the fundamental transformations in all spheres of the country's life, creating a solid legal foundation and adapting the Basic Law to modern realities.

In programmatic reports and speeches, decrees and resolutions, national development strategies, and state programs, the fundamental political and theoretical essence and mechanisms for the consistent implementation of the new Constitution's norms are deeply revealed.

On May 8, 2023, a Decree “On Urgent Measures to Implement the Constitution of the Republic of Uzbekistan in its New Edition” was adopted. It determined that the new Constitution has the highest legal force and is subject to direct and unconditional application.

Based on the decree, dozens of laws and by-laws were aligned with the new Constitution. The decree approved the “Program of Measures to Implement the Tasks Arising from the Constitution of the Republic of Uzbekistan in its New Edition.”

On November 7, 2023, another Decree “On Amendments and Additions to Certain Acts of the President of the Republic of Uzbekistan in connection with the adoption of the Constitution of the Republic of Uzbekistan in its new edition” was adopted, making appropriate changes to 10 decrees and 4 resolutions.

To fully implement the new model of state power organization, based on the distribution of powers of khokims and Kengashes of People's Deputies, the President adopted a Decree on February 2, 2024, “On Measures to Improve the Efficiency of Local State Authorities.”

The decree approved four documents:

First. List of powers proposed for transfer to local Kengashes of People's Deputies in order to enhance the role of representative bodies of local state power in resolving important issues of public and state life;

Second. Proposed systematization of powers and functions of local Kengashes of People's Deputies;

Third. Roadmap for improving legislation on the organization of activities of local state authorities based on the principle of ‘Strong Kengash, accountable and proactive khokim’;

Fourth. Amendments to certain acts of the President of the Republic of Uzbekistan.

Norms Established in the Adopted Laws

On February 19, 2024, the President signed the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan aimed at improving the activities of the Oliy Majlis of the Republic of Uzbekistan in connection with the adoption of the Constitution of the Republic of Uzbekistan in its New Edition”. The law amends relevant legislative acts, including:

• "On the Senate of the Oliy Majlis of the Republic of Uzbekistan";
• "On the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan";
• The constitutional law "On strengthening the role of political parties in the renewal and further democratization of state administration and modernization of the country";
• "On the Prosecutor's Office";
• "On the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)";
• "On the results of the referendum and the basic principles of organizing state power";
• "On the Regulations of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan";
• "On the Regulations of the Senate of the Oliy Majlis of the Republic of Uzbekistan";
• "On the status of a deputy of the Legislative Chamber and a member of the Senate of the Oliy Majlis of the Republic of Uzbekistan";
• "On the procedure for preparing draft laws and submitting them to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan";
• "On parliamentary control";
• "On the State Security Service of the Republic of Uzbekistan";
• "On the Accounts Chamber of the Republic of Uzbekistan";
• "On normative legal acts."

The amendments improve the exclusive powers of the Legislative Chamber and the Senate, as defined in the new Constitution, and establish the legal basis for parliamentary control, legislative initiatives, and a new procedure for adopting laws.

As noted in Article 17 of the Law, “This Law shall enter into force from the date of its official publication. Clause 1 of Article 3, clauses 1 and 2 of Article 4 of this Law shall enter into force from the beginning of the formation of the Senate of the Oliy Majlis of the Republic of Uzbekistan of the next convocation in 2024. Clause 6 of Article 5, clause 2 of Article 6, clause 2 of Article 10 of this Law shall enter into force from the date of the convening of the first session of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan of the next convocation”.

In the new constitutional conditions, the separation of the positions of khokim and chairperson of the People's Deputies' Council requires revising and improving existing legal acts. Enhancing the role of the People's Deputies' Councils, continuing reforms to introduce new forms of representative control, and strengthening the responsibility of khokims are necessary.

This Law introduces amendments to clarify the powers of khokims and People's Deputies' Councils. The provision that the khokim simultaneously heads the representative authority has been excluded. Khokims have been granted new powers, such as introducing issues to sessions and appealing decisions that contradict the law.

The People's Deputies' Councils are now headed by a chairman elected from among the deputies, who serves on a public basis. Procedures for removal from office are provided.

A requirement is fixed for the registration of documents adopted by the Councils and khokims in the Unified Electronic System. Documents not registered are considered invalid.

Amendments to the Law “On Normative Legal Acts” assign official publication status to this Unified Electronic System.

This law serves to align legislation with the new Constitution, fully implement the principle of separation of powers at the local level, and organize territorial management based on serving the population's interests.

Work Being Done by Legislative and Executive Bodies and the Judicial System

The Chambers of the National Parliament have also carried out related work. On 15 May 2023, the Council of the Legislative Chamber adopted a road map to educate the public about the essence and meaning of the new Constitution, conducted some 10,000 outreach activities and created a free online course.

On 3 October 2023, the Cabinet of Ministers adopted a decision ‘On the introduction of amendments and additions to certain decisions of the Government of the Republic of Uzbekistan in connection with the adoption of the new Constitution of the Republic of Uzbekistan’. The Decision introduced relevant amendments to certain rules and regulations.

On 23 June 2023, the Plenum of the Supreme Court adopted a decision on certain questions relating to the direct application of the rules of the Constitution in the administration of justice. This decision contains important clarifications on the supreme legal force of the Constitution and requires the courts to apply its norms directly.

On 5 December 2023, the Constitutional Court published a ruling on ‘Approval of the information of the Constitutional Court of the Republic of Uzbekistan on the state of constitutional law in the country’. It states that the new Constitution adopted by referendum on 30 April 2023 has become the legal basis for modernising the State and society and strengthening constitutional law in the country.

A Vivid Example of the Constitution in Action

The Constitution has been demonstrated in two recent elections. The presidential election held in 2023 demonstrated the political maturity of the society and support for reforms.

Based on the experience of the 2019 parliamentary elections and the recommendations of international organisations, important additions and changes were made to the Constitution regarding elections.

In particular, an amendment to Article 117 moved the election date to the first Sunday of the third decade of October, changing it from December to October.

Clarifying amendments were made regarding the participation in elections of persons held in places of deprivation of liberty. Only those recognized by the court as incapacitated or held for serious crimes are excluded. Other direct or indirect restrictions are not allowed.

The recent elections to the Legislative Chamber and other bodies, held on October 27, 2024, mark a significant step forward. The improvement of national electoral legislation based on the new Constitution and international standards has ensured more open and transparent processes.

The updated legislation has enhanced the electoral culture, improved political parties' work with their electorate, and increased political activity. For the first time, parliamentary elections held under a mixed electoral system have elected a composition of the Oliy Majlis endowed with broad powers based on the new Constitution.

Both elections are vivid examples of democratic statehood functioning in the country. These socio-political processes have played a key role in realizing citizens' constitutional rights to elect and be elected, ensuring active participation in forming state bodies in accordance with national legislation and international standards.

Conclusion

It should be noted in conclusion that any law gains legitimacy and effectiveness through knowledge, respect and strict compliance. Conscious compliance sets in motion the norms of the Constitution.

This requires knowledge of the Constitution by officials and citizens alike. Without a high legal culture, the rich potential of the Constitution cannot be fully realised. Therefore, developing a constitutional culture in society is of paramount importance.

The noble tradition of honourably celebrating Constitution Day serves to unite citizens around the ideas of democracy, freedom, equality, social justice and solidarity enshrined in the Basic Law. Especially important is the practice of the Head of Uzbekistan approving orders for the celebration of Constitution Day.

Pursuant to the Order of the President of our country ‘On the preparation and celebration of the Constitution Day’ dated 17 October 2024, interesting informational-educational and legal events are being held locally these days, which will undoubtedly be fruitful. Notably, within the framework of ‘Constitution Month’, lessons on the Constitution will be of great importance in general secondary, specialised secondary, professional and higher education institutions, covering all students.

Akmal Saidov

Director of the National Center

of the Republic of Uzbekistan for Human Rights,

Academician of the Academy of Sciences of Uzbekistan,

Doctor of Law, Professor